October 12, Mr. Angel Correa Division Administrator Federal Highway Administration 700 West Capitol, Room 3130 Little Rock, Arkansas

Transcription

1 October 12, 2018 Mr. Angel Correa Division Administrator Federal Highway Administration 700 West Capitol, Room 3130 Little Rock, Arkansas Re: Various Job Numbers Various FAP Numbers Various Job Names Various Counties Tier 3 Categorical Exclusion Dear Mr. Correa: The Environmental Division reviewed the referenced projects and has determined they fall within the definition of the Tier 3 Categorical Exclusion as defined by the ARDOT/FHWA Memorandum of Agreement on the processing of Categorical Exclusions. The following information is included for your review and, if acceptable, approval as the environmental documentation for these projects. The purpose of these projects is to preserve and rehabilitate deteriorated highway pavement. More information on the location, scope, and impact of each project can be found in Tables 1 and 2. The existing cross sections will not change as a result of the proposed projects and no additional right of way will be required. Project location maps are enclosed. Based upon the ARDOT s Policy on Highway Traffic Noise Abatement, a noise analysis is not required for these projects. These projects do not involve added capacity, construction of new through lanes or auxiliary lanes, changes in the horizontal or vertical alignment of the roadway or exposure of noise sensitive land uses to a new or existing highway noise source. There are no relocations, environmental justice issues, wetlands, cultural resources, hazardous materials, or prime farmland impacts associated with these projects. Cultural resources and SHPO clearances are enclosed. A Water Pollution Prevention Special Provision will be required for all the projects. The official species lists obtained through the United States Fish and Wildlife Service s (USFWS) Information for Planning and Consultation website lists American burying beetle

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3 Job Number Table 1 FAP No. Job Name County Route/Section Scope STPR-HSIP- 0024(36) Madison Co. Line - South (S) Franklin Rt. 23/Sec. 7 Mill & Inlay / Chip Seal Shoulders NHPP-0067(31) Fulton Co. Line - Hardy (Highland) (S) Sharp Rt. 62/Sec.17 UTBWC STPC-9071(13) Two Bayou Ouachita River (Camden) (S) Ouachita Rt. 79B/Sec. 4B Mill & Inlay L.M / UTBWC L.M

4 Listed Species Table 2 Endangered / Threatened Job Number Impact gray bat (Myotis grisescens) Endangered X X - northern long-eared bat (Myotis septentrionalis) Threatened X X - Indiana bat (Myotis sodalis) Endangered X X - Ozark big-eared bat (Corynorhinus townsendii ingens) Endangered X X - Ozark hellbender (Cryptobranchus alleganiensis bishopi) Endangered - X - Spectaclecase (Margaritifera monodonta) Endangered X - X Rabbitsfoot (Theliderma cylindrica) Threatened X X X Curtis Pearlymussel (Epioblasma curtisii) Endangered - X - Pink Mucket (Lampsilis abrupta) Endangered - X X Scaleshell (Leptodea leptodon) Endangered - X - Snuffbox (Epioblasma triquetra) Endangered - X - Turgid Blossom (Epioblasma turgidula) Endangered - X - Ouachita Rock Pocketbook (Arcidens wheeleri) Endangered - - X Winged Mapleleaf (Quadrula fragosa) Endangered - - X American burying beetle (Nicrophorus americanus) Endangered N - - Geocarpon (Geocarpon minimum) Threatened N N - Missouria bladderpod (Physaria filiformis) Threatened N N - X May affect but not likely to adversely affect N Not likely to affect - Not listed in project area

5 Brannon Combs Saint Paul 16 5 Brashears 8 L.M M A D I S O N C R A W F O R D 23 E Fly Gap Rd Fly Gap F R A N K L I N W Fly Gap Rd Fanes Creek Rd Whitting Mountain Rd J O H N S O N White Rock Mountain Rd Turners Bend Cass Redding 215 Beach Grove River 3 7 Barnes Rd Cripple Branch Rd Paradise Mulberry L.M Document Path: \\San1\GIS\ProgramsContracts\Sketches\040726\ mxd Legend Project Location Job Madison Co. Line - South (S) Hwy. 23, Sec. 7 Hwy. 23, Sec. 7 Franklin County Franklin County PM: PS: clde014: 8/2/2017 Miles Legend Project Location

6 Saddle 289 F U L T O N Hardy 1 Sellers Store Cherokee Village 2S B L.M Spring River B.N.S.F. R.R. Ozark Acres Kittle Highland 62 ASH FLAT L.M S H A R P Legend Project Location Job Fulton Co. Line - Hardy (Highland) (S) Hwy. 62, Sec. 17 Sharp County PM: PS: clde014: 8/2/2017 Miles

7 Ouachita!( 4 UNION PACIFIC R.R. AB 205!( 8 AB 203!( 2 Kent?@ 7 Warner IJ 79 Camark!( 7?@ 24 KL 278 AB 376!( 8!( 6 KL278 L.M Two KL H 278!( 8!( 3!( 8B!( 4B IJ H 79!( 3?@ 7 L.M IJ 79 Bayou IJ H 79 L.M. 2.27!( 4 River!( 4B KL 278 East Camden O U A C H I T A!( 2!( 9 AB 274 C A L H O U N!( 10 KL 278 Locust Bayou!( 1 IJ 79 CAMDEN Document Path: \\San1\gis\ProgramsContracts\Sketches\070449\ mxd AB 376!( 1 Job AB 387 Two Bayou - Ouachita River (Camden) (S) Hwy. 79, Secs. 3 & 4B Ouachita County I PM: PS: dmsp211: 6/1/ Miles Project Location

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15 United States Department of the Interior FISH AND WILDLIFE SERVICE IN RI l'i Y Ill 11 It TO Arkansas Ecological Service Field Office 110 South Amity Road, Suite 300 Conway, Arkansas June 28, 2018 Mr. John Fleming c/o Mickey Matthews Arkansas Department of Transportation l 0324 Interstate 30 Little Rock, Arkansas Dear Mr. Fleming: Thank you for your of June 21, The U.S. Fish and Wildlife Service (Service) is responding to your request, regarding the Arkansas Department of Transportation (ArDOT) proposal for overlay project Hwy Hwy. 7 North (Camden) (S), Ouachita County, Arkansas. The project was described and assessed as follows (abbreviated and summarized): The project is an approximately mill and inlay of Hwy 79b in Camden. The project will involve the existing road surface. I have attached the IPAC list for your convenience. Implementation of Best Management Practices and the addition of the attached special provision will minimize potential effects to the aquatic species. ArDot has determined the overlay "may affect, but is not likely to adversely affect", the following species; Ouachita Rock Pocketbook (Arcidens wheeleri), Pink Muckel (Lampsilis abrupta), Spectaclecase (Margaritifera monodonta), Winged Mapleleaf (Quadrulafragosa), and Rabbitsfoot (Theliderma cylindrica) and its critical habitat. Due to the limited effects for overlaying existing roadway, distance to known species locations, and standard special provision for bat avoidance and water quality conservation measures, the Service concurs with the determination of "may affect, not likely to adversely affect" for Ouachita Rock Pocketbook, Pink Mucket, Spectaclecase, Winged Mapleleaf, and Rabbitsfoot and its critical habitat. The Service agrees with your species assessments and no further consultation for this action regarding federally listed species is necessary at this time. If you have any questions regarding our response or if you need additional information, please contact Lindsey Lewis at (501) or lindsey _lewis@fws.gov. Sincerely, Field Supervisor cc: Project File Read File Filename: C:\Users\lilewis\Documents\PROJECTS\FY2018\ARDOT\ Hwy Hwy. 7 North (Camden) (S)\Comments Hwy Hwy. 7 North (Camden) (S).docx

16 United States Department of the Interior FISH AND WILDLIFE SERVICE Arkansas Ecological Services Field Office 110 South Amity Suite 300 Conway, AR Phone: (501) Fax: (501) In Reply Refer To: Consultation Code: 04ER SLI-1173 Event Code: 04ER E Project Name: Madison Co. Line - South (S) June 21, 2018 Subject: List of threatened and endangered species that may occur in your proposed project location, and/or may be affected by your proposed project To Whom It May Concern: The enclosed species list identifies endangered, threatened, proposed, and candidate species, as well as proposed and final designated critical habitat, that may occur within the boundary of your proposed project and/or may be affected by your proposed project. The species list fulfills the requirements of the U.S. Fish and Wildlife Service (Service) under section 7(c) of the Endangered Species Act (Act) of 1973, as amended (16 U.S.C et seq.). This letter only provides an official species list and technical assistance; if you determine that listed species and/or designated critical habitat may be affected in any way by the proposed project, even if the effect is wholly beneficial, consultation with the Service will be necessary. The purpose of the Act is to provide a means whereby threatened and endangered species and the ecosystems upon which they depend may be conserved. Under sections 7(a)(1) and 7(a)(2) of the Act and its implementing regulations (50 CFR 402 et seq.), federal agencies are required to utilize their authorities to carry out programs for the conservation of threatened and endangered species and to determine whether projects may affect threatened and endangered species and/or designated critical habitat. More information on the regulations and procedures for section 7 consultation, including the role of permit or license applicants, can be found on our website. Please visit our website at for speciesspecific guidance to avoid and minimize adverse effects to federally endangered, threatened, proposed, and candidate species. Our web site also contains additional information on species life history and habitat requirements that may be useful in project planning.

17 06/21/2018 Event Code: 04ER E If your project involves in-stream construction activities, oil and natural gas infrastructure, road construction, transmission lines, or communication towers, please review our project specific guidance at The karst region of Arkansas is a unique region that covers the northern third of Arkansas and we have specific guidance to conserve sensitive cave-obligate and bat species. Please visit to determine if your project occurs in the karst region and to view karst specific-guidance. Proper implementation and maintenance of best management practices specified in these guidance documents is necessary to avoid adverse effects to federally protected species and often avoids the more lengthy formal consultation process. If your species list includes any mussels, Northern Long-eared Bat, Indiana Bat, Yellowcheek Darter, Red-cockaded Woodpecker, or American Burying Beetle, your project may require a presence/absence and/or habitat survey prior to commencing project activities. Please check the appropriate species-specific guidance on our website to determine if your project requires a survey. We strongly recommend that you contact the appropriate staff species lead biologist (see office directory or species page) prior to conducting presence/absence surveys to ensure the appropriate level of effort and methodology. Under the ESA, it is the responsibility of the Federal action agency or its designated representative to determine if a proposed action "may affect" endangered, threatened, or proposed species, or designated critical habitat, and if so, to consult with the Service further. Similarly, it is the responsibility of the Federal action agency or project proponent, not the Service, to make no effect determinations. If you determine that your proposed action will have no effect on threatened or endangered species or their respective critical habitat, you do not need to seek concurrence with the Service. Nevertheless, it is a violation of Federal law to harm or harass any federally-listed threatened or endangered fish or wildlife species without the appropriate permit. Through the consultation process, we will analyze information contained in a biological assessment that you provide. If your proposed action is associated with Federal funding or permitting, consultation will occur with the Federal agency under section 7(a)(2) of the ESA. Otherwise, an incidental take permit pursuant to section 10(a)(1)(B) of the ESA (also known as a habitat conservation plan) is necessary to harm or harass federally listed threatened or endangered fish or wildlife species. In either case, there is no mechanism for authorizing incidental take after-the-fact. For more information regarding formal consultation and HCPs, please see the Service's Consultation Handbook and Habitat Conservation Plans at endangered/esa-library/index.html#consultations. New information based on updated surveys, changes in the abundance and distribution of species, changed habitat conditions, or other factors could change this list. Please feel free to contact us if you need more current information or assistance regarding the potential impacts to federally proposed, listed, and candidate species and federally designated and proposed critical habitat. Please note that under 50 CFR (e) of the regulations implementing section 7 of the Act, the accuracy of this species list should be verified after 90 days. This verification can be

18 06/21/2018 Event Code: 04ER E completed formally or informally as desired. The Service recommends that verification be completed by visiting the ECOS-IPaC website at regular intervals during project planning and implementation for updates to species lists and information. An updated list may be requested through the ECOS-IPaC system by completing the same process used to receive the enclosed list. We appreciate your concern for threatened and endangered species. The Service encourages Federal agencies to include conservation of threatened and endangered species into their project planning to further the purposes of the Act. Please include the Consultation Tracking Number in the header of this letter with any request for consultation or correspondence about your project that you submit to our office. Attachment(s): Official Species List

19 06/21/2018 Event Code: 04ER E Official Species List This list is provided pursuant to Section 7 of the Endangered Species Act, and fulfills the requirement for Federal agencies to "request of the Secretary of the Interior information whether any species which is listed or proposed to be listed may be present in the area of a proposed action". This species list is provided by: Arkansas Ecological Services Field Office 110 South Amity Suite 300 Conway, AR (501)

20 06/21/2018 Event Code: 04ER E Project Summary Consultation Code: 04ER SLI-1173 Event Code: Project Name: Project Type: 04ER E Madison Co. Line - South (S) TRANSPORTATION Project Description: Level up and overlay ~14 miles of Hwy. 23. Project Location: Approximate location of the project can be viewed in Google Maps: Counties: Franklin, AR Madison, AR

21 06/21/2018 Event Code: 04ER E Endangered Species Act Species There is a total of 10 threatened, endangered, or candidate species on this species list. Species on this list should be considered in an effects analysis for your project and could include species that exist in another geographic area. For example, certain fish may appear on the species list because a project could affect downstream species. IPaC does not display listed species or critical habitats under the sole jurisdiction of NOAA Fisheries 1, as USFWS does not have the authority to speak on behalf of NOAA and the Department of Commerce. See the "Critical habitats" section below for those critical habitats that lie wholly or partially within your project area under this office's jurisdiction. Please contact the designated FWS office if you have questions. 1. NOAA Fisheries, also known as the National Marine Fisheries Service (NMFS), is an office of the National Oceanic and Atmospheric Administration within the Department of Commerce. Mammals NAME Gray Bat Myotis grisescens Species profile: Indiana Bat Myotis sodalis There is final critical habitat for this species. Your location is outside the critical habitat. Species profile: Northern Long-eared Bat Myotis septentrionalis Species profile: Ozark Big-eared Bat Corynorhinus (=Plecotus) townsendii ingens There is proposed critical habitat for this species. The location of the critical habitat is not available. Species profile: STATUS Endangered Endangered Threatened Endangered

22 06/21/2018 Event Code: 04ER E Clams NAME Rabbitsfoot Quadrula cylindrica cylindrica There is final critical habitat for this species. Your location is outside the critical habitat. Species profile: Spectaclecase (mussel) Cumberlandia monodonta Species profile: STATUS Threatened Endangered Insects NAME American Burying Beetle Nicrophorus americanus Population: Wherever found, except where listed as an experimental population Species profile: American Burying Beetle Nicrophorus americanus Population: Ex Pop, SW Missouri Species profile: STATUS Endangered Experimental Population, Non- Essential Flowering Plants NAME Geocarpon minimum Species profile: Missouri Bladderpod Physaria filiformis Species profile: STATUS Threatened Threatened Critical habitats THERE ARE NO CRITICAL HABITATS WITHIN YOUR PROJECT AREA UNDER THIS OFFICE'S JURISDICTION.

23 United States Department of the Interior FISH AND WILDLIFE SERVICE Arkansas Ecological Services Field Office 110 South Amity Suite 300 Conway, AR Phone: (501) Fax: (501) In Reply Refer To: Consultation Code: 04ER SLI-1170 Event Code: 04ER E Project Name: Fulton Co. Line - Hardy (Highland) (S) June 21, 2018 Subject: List of threatened and endangered species that may occur in your proposed project location, and/or may be affected by your proposed project To Whom It May Concern: The enclosed species list identifies endangered, threatened, proposed, and candidate species, as well as proposed and final designated critical habitat, that may occur within the boundary of your proposed project and/or may be affected by your proposed project. The species list fulfills the requirements of the U.S. Fish and Wildlife Service (Service) under section 7(c) of the Endangered Species Act (Act) of 1973, as amended (16 U.S.C et seq.). This letter only provides an official species list and technical assistance; if you determine that listed species and/or designated critical habitat may be affected in any way by the proposed project, even if the effect is wholly beneficial, consultation with the Service will be necessary. The purpose of the Act is to provide a means whereby threatened and endangered species and the ecosystems upon which they depend may be conserved. Under sections 7(a)(1) and 7(a)(2) of the Act and its implementing regulations (50 CFR 402 et seq.), federal agencies are required to utilize their authorities to carry out programs for the conservation of threatened and endangered species and to determine whether projects may affect threatened and endangered species and/or designated critical habitat. More information on the regulations and procedures for section 7 consultation, including the role of permit or license applicants, can be found on our website. Please visit our website at for speciesspecific guidance to avoid and minimize adverse effects to federally endangered, threatened, proposed, and candidate species. Our web site also contains additional information on species life history and habitat requirements that may be useful in project planning.

24 06/21/2018 Event Code: 04ER E If your project involves in-stream construction activities, oil and natural gas infrastructure, road construction, transmission lines, or communication towers, please review our project specific guidance at The karst region of Arkansas is a unique region that covers the northern third of Arkansas and we have specific guidance to conserve sensitive cave-obligate and bat species. Please visit to determine if your project occurs in the karst region and to view karst specific-guidance. Proper implementation and maintenance of best management practices specified in these guidance documents is necessary to avoid adverse effects to federally protected species and often avoids the more lengthy formal consultation process. If your species list includes any mussels, Northern Long-eared Bat, Indiana Bat, Yellowcheek Darter, Red-cockaded Woodpecker, or American Burying Beetle, your project may require a presence/absence and/or habitat survey prior to commencing project activities. Please check the appropriate species-specific guidance on our website to determine if your project requires a survey. We strongly recommend that you contact the appropriate staff species lead biologist (see office directory or species page) prior to conducting presence/absence surveys to ensure the appropriate level of effort and methodology. Under the ESA, it is the responsibility of the Federal action agency or its designated representative to determine if a proposed action "may affect" endangered, threatened, or proposed species, or designated critical habitat, and if so, to consult with the Service further. Similarly, it is the responsibility of the Federal action agency or project proponent, not the Service, to make no effect determinations. If you determine that your proposed action will have no effect on threatened or endangered species or their respective critical habitat, you do not need to seek concurrence with the Service. Nevertheless, it is a violation of Federal law to harm or harass any federally-listed threatened or endangered fish or wildlife species without the appropriate permit. Through the consultation process, we will analyze information contained in a biological assessment that you provide. If your proposed action is associated with Federal funding or permitting, consultation will occur with the Federal agency under section 7(a)(2) of the ESA. Otherwise, an incidental take permit pursuant to section 10(a)(1)(B) of the ESA (also known as a habitat conservation plan) is necessary to harm or harass federally listed threatened or endangered fish or wildlife species. In either case, there is no mechanism for authorizing incidental take after-the-fact. For more information regarding formal consultation and HCPs, please see the Service's Consultation Handbook and Habitat Conservation Plans at endangered/esa-library/index.html#consultations. New information based on updated surveys, changes in the abundance and distribution of species, changed habitat conditions, or other factors could change this list. Please feel free to contact us if you need more current information or assistance regarding the potential impacts to federally proposed, listed, and candidate species and federally designated and proposed critical habitat. Please note that under 50 CFR (e) of the regulations implementing section 7 of the Act, the accuracy of this species list should be verified after 90 days. This verification can be

25 06/21/2018 Event Code: 04ER E completed formally or informally as desired. The Service recommends that verification be completed by visiting the ECOS-IPaC website at regular intervals during project planning and implementation for updates to species lists and information. An updated list may be requested through the ECOS-IPaC system by completing the same process used to receive the enclosed list. We appreciate your concern for threatened and endangered species. The Service encourages Federal agencies to include conservation of threatened and endangered species into their project planning to further the purposes of the Act. Please include the Consultation Tracking Number in the header of this letter with any request for consultation or correspondence about your project that you submit to our office. Attachment(s): Official Species List

26 06/21/2018 Event Code: 04ER E Official Species List This list is provided pursuant to Section 7 of the Endangered Species Act, and fulfills the requirement for Federal agencies to "request of the Secretary of the Interior information whether any species which is listed or proposed to be listed may be present in the area of a proposed action". This species list is provided by: Arkansas Ecological Services Field Office 110 South Amity Suite 300 Conway, AR (501)

27 06/21/2018 Event Code: 04ER E Project Summary Consultation Code: 04ER SLI-1170 Event Code: Project Name: Project Type: 04ER E Fulton Co. Line - Hardy (Highland) (S) TRANSPORTATION Project Description: Mill and inlay pavement preservation job scheduled for letting in January Project Location: Approximate location of the project can be viewed in Google Maps: Counties: Fulton, AR Sharp, AR

28 06/21/2018 Event Code: 04ER E Endangered Species Act Species There is a total of 11 threatened, endangered, or candidate species on this species list. Species on this list should be considered in an effects analysis for your project and could include species that exist in another geographic area. For example, certain fish may appear on the species list because a project could affect downstream species. IPaC does not display listed species or critical habitats under the sole jurisdiction of NOAA Fisheries 1, as USFWS does not have the authority to speak on behalf of NOAA and the Department of Commerce. See the "Critical habitats" section below for those critical habitats that lie wholly or partially within your project area under this office's jurisdiction. Please contact the designated FWS office if you have questions. 1. NOAA Fisheries, also known as the National Marine Fisheries Service (NMFS), is an office of the National Oceanic and Atmospheric Administration within the Department of Commerce. Mammals NAME Gray Bat Myotis grisescens Species profile: Indiana Bat Myotis sodalis There is final critical habitat for this species. Your location is outside the critical habitat. Species profile: Northern Long-eared Bat Myotis septentrionalis Species profile: STATUS Endangered Endangered Threatened Amphibians NAME Ozark Hellbender Cryptobranchus alleganiensis bishopi Species profile: STATUS Endangered

29 06/21/2018 Event Code: 04ER E Clams NAME Curtis Pearlymussel Epioblasma florentina curtisii Species profile: Pink Mucket (pearlymussel) Lampsilis abrupta Species profile: Rabbitsfoot Quadrula cylindrica cylindrica There is final critical habitat for this species. Your location is outside the critical habitat. Species profile: Scaleshell Mussel Leptodea leptodon Species profile: Snuffbox Mussel Epioblasma triquetra Species profile: Turgid Blossom (pearlymussel) Epioblasma turgidula Population: Wherever found; Except where listed as Experimental Populations Species profile: STATUS Endangered Endangered Threatened Endangered Endangered Endangered Flowering Plants NAME Missouri Bladderpod Physaria filiformis Species profile: STATUS Threatened Critical habitats THERE ARE NO CRITICAL HABITATS WITHIN YOUR PROJECT AREA UNDER THIS OFFICE'S JURISDICTION.

30 United States Department of the Interior FISH AND WILDLIFE SERVICE Arkansas Ecological Services Field Office 110 South Amity Suite 300 Conway, AR Phone: (501) Fax: (501) In Reply Refer To: Consultation Code: 04ER SLI-1174 Event Code: 04ER E Project Name: Hwy Hwy. 7 North (Camden) (S) June 21, 2018 Subject: List of threatened and endangered species that may occur in your proposed project location, and/or may be affected by your proposed project To Whom It May Concern: The enclosed species list identifies endangered, threatened, proposed, and candidate species, as well as proposed and final designated critical habitat, that may occur within the boundary of your proposed project and/or may be affected by your proposed project. The species list fulfills the requirements of the U.S. Fish and Wildlife Service (Service) under section 7(c) of the Endangered Species Act (Act) of 1973, as amended (16 U.S.C et seq.). This letter only provides an official species list and technical assistance; if you determine that listed species and/or designated critical habitat may be affected in any way by the proposed project, even if the effect is wholly beneficial, consultation with the Service will be necessary. The purpose of the Act is to provide a means whereby threatened and endangered species and the ecosystems upon which they depend may be conserved. Under sections 7(a)(1) and 7(a)(2) of the Act and its implementing regulations (50 CFR 402 et seq.), federal agencies are required to utilize their authorities to carry out programs for the conservation of threatened and endangered species and to determine whether projects may affect threatened and endangered species and/or designated critical habitat. More information on the regulations and procedures for section 7 consultation, including the role of permit or license applicants, can be found on our website. Please visit our website at for speciesspecific guidance to avoid and minimize adverse effects to federally endangered, threatened, proposed, and candidate species. Our web site also contains additional information on species life history and habitat requirements that may be useful in project planning.

31 06/21/2018 Event Code: 04ER E If your project involves in-stream construction activities, oil and natural gas infrastructure, road construction, transmission lines, or communication towers, please review our project specific guidance at The karst region of Arkansas is a unique region that covers the northern third of Arkansas and we have specific guidance to conserve sensitive cave-obligate and bat species. Please visit to determine if your project occurs in the karst region and to view karst specific-guidance. Proper implementation and maintenance of best management practices specified in these guidance documents is necessary to avoid adverse effects to federally protected species and often avoids the more lengthy formal consultation process. If your species list includes any mussels, Northern Long-eared Bat, Indiana Bat, Yellowcheek Darter, Red-cockaded Woodpecker, or American Burying Beetle, your project may require a presence/absence and/or habitat survey prior to commencing project activities. Please check the appropriate species-specific guidance on our website to determine if your project requires a survey. We strongly recommend that you contact the appropriate staff species lead biologist (see office directory or species page) prior to conducting presence/absence surveys to ensure the appropriate level of effort and methodology. Under the ESA, it is the responsibility of the Federal action agency or its designated representative to determine if a proposed action "may affect" endangered, threatened, or proposed species, or designated critical habitat, and if so, to consult with the Service further. Similarly, it is the responsibility of the Federal action agency or project proponent, not the Service, to make no effect determinations. If you determine that your proposed action will have no effect on threatened or endangered species or their respective critical habitat, you do not need to seek concurrence with the Service. Nevertheless, it is a violation of Federal law to harm or harass any federally-listed threatened or endangered fish or wildlife species without the appropriate permit. Through the consultation process, we will analyze information contained in a biological assessment that you provide. If your proposed action is associated with Federal funding or permitting, consultation will occur with the Federal agency under section 7(a)(2) of the ESA. Otherwise, an incidental take permit pursuant to section 10(a)(1)(B) of the ESA (also known as a habitat conservation plan) is necessary to harm or harass federally listed threatened or endangered fish or wildlife species. In either case, there is no mechanism for authorizing incidental take after-the-fact. For more information regarding formal consultation and HCPs, please see the Service's Consultation Handbook and Habitat Conservation Plans at endangered/esa-library/index.html#consultations. New information based on updated surveys, changes in the abundance and distribution of species, changed habitat conditions, or other factors could change this list. Please feel free to contact us if you need more current information or assistance regarding the potential impacts to federally proposed, listed, and candidate species and federally designated and proposed critical habitat. Please note that under 50 CFR (e) of the regulations implementing section 7 of the Act, the accuracy of this species list should be verified after 90 days. This verification can be

32 06/21/2018 Event Code: 04ER E completed formally or informally as desired. The Service recommends that verification be completed by visiting the ECOS-IPaC website at regular intervals during project planning and implementation for updates to species lists and information. An updated list may be requested through the ECOS-IPaC system by completing the same process used to receive the enclosed list. We appreciate your concern for threatened and endangered species. The Service encourages Federal agencies to include conservation of threatened and endangered species into their project planning to further the purposes of the Act. Please include the Consultation Tracking Number in the header of this letter with any request for consultation or correspondence about your project that you submit to our office. Attachment(s): Official Species List

33 06/21/2018 Event Code: 04ER E Official Species List This list is provided pursuant to Section 7 of the Endangered Species Act, and fulfills the requirement for Federal agencies to "request of the Secretary of the Interior information whether any species which is listed or proposed to be listed may be present in the area of a proposed action". This species list is provided by: Arkansas Ecological Services Field Office 110 South Amity Suite 300 Conway, AR (501)

34 06/21/2018 Event Code: 04ER E Project Summary Consultation Code: 04ER SLI-1174 Event Code: Project Name: Project Type: 04ER E Hwy Hwy. 7 North (Camden) (S) TRANSPORTATION Project Description: Mill and inlay/overlay sections of Hwy 79b. Project Location: Approximate location of the project can be viewed in Google Maps: Counties: Ouachita, AR

35 06/21/2018 Event Code: 04ER E Endangered Species Act Species There is a total of 5 threatened, endangered, or candidate species on this species list. Species on this list should be considered in an effects analysis for your project and could include species that exist in another geographic area. For example, certain fish may appear on the species list because a project could affect downstream species. IPaC does not display listed species or critical habitats under the sole jurisdiction of NOAA Fisheries 1, as USFWS does not have the authority to speak on behalf of NOAA and the Department of Commerce. See the "Critical habitats" section below for those critical habitats that lie wholly or partially within your project area under this office's jurisdiction. Please contact the designated FWS office if you have questions. 1. NOAA Fisheries, also known as the National Marine Fisheries Service (NMFS), is an office of the National Oceanic and Atmospheric Administration within the Department of Commerce. Clams NAME Ouachita Rock Pocketbook Arkansia wheeleri Species profile: Pink Mucket (pearlymussel) Lampsilis abrupta Species profile: Rabbitsfoot Quadrula cylindrica cylindrica There is final critical habitat for this species. Your location overlaps the critical habitat. Species profile: Spectaclecase (mussel) Cumberlandia monodonta Species profile: Winged Mapleleaf Quadrula fragosa Population: Wherever found, except where listed as an experimental population Species profile: STATUS Endangered Endangered Threatened Endangered Endangered

36 06/21/2018 Event Code: 04ER E Critical habitats There is 1 critical habitat wholly or partially within your project area under this office's jurisdiction. NAME Rabbitsfoot Quadrula cylindrica cylindrica STATUS Final

37 ARDOT ENVIRONMENTAL VERIFICATION CHECKLIST FOR CONSIDERATION OF POTENTIAL IMPACTS ARDOT Job Number See Table FAP Number See Table Job Title See Table Environmental Resource None Minimal Major Comments-required for each item Air Quality X No impacts anticipated Cultural Resources X None in project area Economic X Will not be impacted by project Endangered Species X USFWS concurrences enclosed Environmental Justice/Title VI X No protected populations in project area Fish and Wildlife X No impacts expected Floodplains X No impacts expected Forest Service Property X None in project area Hazardous Materials/Landfills X No sites in project area Land Use X Will not be impacted by project Migratory Birds X No structures with nests Navigation/Coast Guard X No navigable waterways involved Noise Levels X No increases due to project Prime Farmland X None in project area Protected Waters X None occur in project area Public Recreation Lands X None in project area Public Water Supply/WHPA X SPs as indicated in Remarks Relocatees X No relocations Section 4(f)/6(f) X 4f resources not present Social X No impacts to the social environment Underground Storage Tanks X No USTs in project area Visual X No changes to visual environment Streams X No impacts Water Quality X No runoff issues expected Wetlands X None in project area Wildlife Refuges X None in the area Section 401 Water Quality Certification Required? Short-term Activity Authorization Required? Section 404 Permit Required? N Type Remarks: Public Water Supply/WHPA WPC SP required for Job # , , & N N Signature of Evaluator Date 10/8/2018 7/27/2018